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Hello I am a solicitor with 20 years experience. I will try to help you with this.
Have you been named as the driver and threatened with court re speeding or are you required to identify the driver?
Does my detail give you what you need
I received the NIP back in October asking if i was the driver on that day - I confirmed I was. I have today received the MG4E Postal Requisition
Ok thankyou for clarifying that
I was about to enter a guilty plea (although as I say I've always had a nagging doubt) when I came to the Police Statement which shows 3 photos of a car from an overhead gantry. The photos are of a Honda and not an Audi Estate
Can you help me?
Yes I can just give me a moment.
OK you have a dilemna. 67 in 40 mph zone could lead to a court hearing even if you plead guilty by post (as there is a slight risk of a discretionary ban) although normally it would get you 4-6 points and a fine. Do you have any points on your licence? You could plead guilty and just take the punishment but if they have served the wrong evidence then they may struggle to prove the case. Does the speed alleged on the MG4E and supporting papers match the speed on the original NIP?
If they have served the wring evidence there is a chance that they will never find the right evidence and without it they cannot convict you (you avoid points your insurance doesn't go up and you are not within 6 points of a ban). The danger with taking that course of action is that they do find the evidence, they can prove the case and you end up paying a bigger fine and court costs.
No points on my licence. Why should I take the points though if the police statement clearly shows the wrong photos on it and is signed as an electronic witness statement. The speed on the NIP and the speed on the paper matches but looking at it the time on the photos and the time on the witness statement vary by 5 minutes. Their evidence seems flimsy?
The 40 mph was on a motorway (M25) - variable speed limit. I was surprised as 40mph is normally when there is congestion and there was none on that day
So on your point - should I call them and say that their statement is wrong or should I go to court and then challenge it - my issue with the later is surely the court would say why didnt you challenge it earlier
Surely if they are using this as evidence and as s statement then they should be getting it right - it's not a typo this is a material error in their statement?
If the image form the speed camera is of the wrong car and that is what they want to rely on at court as evidence they will fail in thier prosecution. You might well want to fight the case and in order ot his you should return the form with your not guilty indication and tell them on that form your defence is that you put them to strict proof that your vehicle was present at the time alleged and travelling at the speed alleged. You should specifically assert that they have failed to serve any evidence to show these facts an dyo will rely on their absence in your defence.
So i shouldnt call them and tell them theyve got it wrong?
I would not phone anyone put your defence on the form in the mitigation section but under a heading "Defence". By doing this you have complied with the rules and put the prosecution on notice. However you have done it in a way that may well not be noticed until it is too late for them to do anything about it. If you call them yo are making your case stand out and it may be fixed. What you are hoping for is that on the day of trial they don't have the evidence but you can say that you told them in advance of he problems in the case. This will increase your chances of the CPS throwing in the towell or being refused an application for an adjournment so that the case ends with your acquittal.
Of course if you phone them they might just thank you and withdraw the case saving you a trip to court but it could just lead to the evidence being fixed. You are trying to be co-operative in the eyes of the court but not so co-operative that you actually help the prosecution , this is how you win cases without a trial taking place.
You should keep copies of what you send to the court.